Court Organization Essay Example for Free

Court Organization Essay The paper focuses on the various court organizations and the corresponding function of every court organization as a whole as well as the various functions of its internal elements. Among the court organizations that the paper aims to analyze are appellate courts and trial courts. By looking into the corresponding jurisdiction of each court organization, the paper further completes the analysis by juxtaposing the jurisdiction of one against the other. With the idea of jurisdiction, the paper also elucidates on the types of cases that each court organization handles and the legal manners in which such cases are decided. Court Organization The system of courts that comprise the totality of the American federal courts are organized essentially by the U. S. Constitution and the laws legislated by the American federal government. Among these courts that function in the American judicial branch are trial courts and appellate courts. For the most part, federal trial courts are referred to as Federal District Courts which has the authority to hear appeals from lower bodies such as the administrative law judges. On the other hand, the intermediate appellate courts are referred to as the Federal Court of Appeals which functions under a mandatory review process that amounts to the task of hearing all appeals from the lower court bodies. The organization of these two judicial bodies, generally speaking, is more parallel in contrast to being different. In essence, the differences between the federal trial courts and the appellate courts can be observed from their respective internal organizational composition. While much of the similarities between the two courts can be obtained from their general task of deciding on legal cases, their distinctive features on how they are to specifically function substantiates their individual characteristics and separates their roles despite their apparent overlapping similarities as we shall see later. What is important to note at this point is to bear in mind that appellate courts and trial courts, specifically in a federal government, have separate functions amidst the parallel characteristics that one may observe from the two. The conception of these two distinct but seemingly parallel courts can be traced from the evolution of the judicial system of the United States. Much of the written historical basis for establishing a judicial system can be extracted from the Constitution of the United States of America. The history of the American judiciary includes the Judiciary Act of 1789 which created a Supreme Court composed of one chief justice as well as five associate justices. In essence, the Act established the judiciary arm of the American government which also defined the Supreme Court’s jurisdiction. Among these jurisdictions include, but is not limited to, the appellate jurisdiction over larger civil cases as well as cases wherein state courts ruled over federal statutes. The Act also provided the composition of the lower district courts, which amounted to thirteen back then, as well as the proposition that the Supreme Court can resolve conflicts between states and that the judgment of the Supreme Court is final (â€Å"The Judiciary Act of 1789,† 1999). From the Judiciary Act of 1789, District Courts were established which had judicial responsibility over their respective districts. As these district courts were divided into circuits, the jurisdictions of these courts were divided as well according to the circuits they belong. Federal District Courts Being the general courts of the court system of America, federal district courts are the courts where both criminal and civil cases are filed. This can also be taken from the fact that federal district courts were conceived as a court both of equity and of law. Each of these courts spread across the various judicial districts unique for every state are formally named after the district where the court has jurisdiction such as the United States District Court for the Southern District of New York for instance. United States district judges are judges of the district courts of the federal government where their total numbers for every district court are defined by Congress in connection with the Judicial Code. Under Article 3, federal district judges are appointed throughout their life in their position where they can be removed involuntarily from their position in factual instances where they breach the standard of ‘good behavior’. This involuntary removal from office can be obtained through an impeachment process initiated by the House of Representatives proceeded by a trial in the Senate. After a two-thirds vote to convict is established in the Senate, only then is the federal district judge removed from his or her office. Moreover, in order for an individual to file a case in the federal district court, the individual must be able to provide a substantial justification as to why a federal court instead of a state court should decide on the case. This in turn leads to the observation that not all cases can be admitted by the federal district courts under its adjudicatory powers. Since not all legal cases can be litigated in federal courts, it is an imperative for the individual to be able to make certain that the case being filed is a federal case if the individual is after a federal case against an individual for instance. State laws are oftentimes the basis for the claims for federal district courts as in most cases the claims under state laws were pleaded and that the sole and primary source for federal jurisdiction is the variety of citizenship. There are also instances wherein the plaintiff has pleaded claims under the state law even if the case is under a federal question. In such cases, the federal district courts must decide state law claims through the application of the substantial or relevant state law in which they preside even if federal court judges apparently employ federal law for the corresponding procedure. Ironically, the opinions set forth by the state courts supersede the opinions given by federal courts and that, further, a federal court must give way to a state supreme court in matters that involve the interpretation of state laws. In essence, a final court ruling by any district court in criminal or civil cases can be appealed towards the Court of Appeals of the United States with respect to the corresponding federal judicial circuit under which the district court is situated. One exception to this is that some rulings from federal district courts which involves patents and several other matters that are specialized must be appealed to the United States Court of Appeals for the Federal Circuit. In several rare occasions, the cases may be directly forwarded and appealed immediately to the Supreme Court of the United States. Federal Court of Appeals The Federal Courts of Appeals of America are considered as the mid-level appellate courts under the system of federal courts of America. It is the court that adjudicates the appeals for cases previously decided by the federal district courts of the United States which is under the corresponding federal judicial circuit. In essence, the total number of thirteen Courts of Appeals in the United States is positioned between the Supreme Court and the District Courts of the United States although there are cases where a case can be appealed directly to the Supreme Court. As every particular state in the United States has its own structure of appellate courts, it leads to the variations on how cases are to be handled. For instance, the Court of Appeals in the state of New York is considered as the highest court within the state inasmuch as it is the court of ultimate resort within the legal confines and jurisdiction of the state. One exception, however, are cases that pose questions concerning the federal law where they can be appealed from the respective court of appeals to the Supreme Court. What differentiates a federal district court from a federal court of appeals? The answer to this question rests on the legal presumption that the court of appeals can reevaluate and overturn any previous decision from federal district courts. This is essentially initiated by the instance when the accused who was previously given a ‘guilty’ verdict files an appeal to the federal court of appeals. This can be observed from what has been termed under the ‘due process of the law. ’ The term itself implies the administration of equal laws according to established rules, not violating the fundamental principles of private right, by a competent tribunal having jurisdiction of the case and proceeding upon notice and hearing. Nevertheless, one must not fail to recognize that certain lower court decisions can be overturned which then presents the idea that these lower court decisions are not yet final. For one, the decisions upheld by federal district court justices can be overturned by a higher court. However, the higher courts cannot instantaneously initiate a thorough reconsideration and cannot simply arrive at a decision—either the court will uphold the decision of the lower court or overturn the judgment—without a ‘formal’ appeal from the accused. For instance, the case of Pell v. E. I. DuPont de Nemours Co. Inc. gives us a brief sketch on how accused parties can resort to a reconsideration of a previous district court decision. In the case, the district court of Delaware earlier denied the request of the plaintiff for restitution for unduly payments for pension that are deemed low. In consequence the plaintiff resorted to a motion for reconsideration for the district court which, in the end, the court denied for the reason that the plaintiff failed to discharge the high burden necessary to prevail on the motion filed by the plaintiff. In essence, the case and the plaintiff’s motion for reconsideration emphasize the ideas: that the district court can look into a motion for reconsideration from the plaintiff once filed and, conversely, that the district court can either deny or grant the motion. In contrast to the function of federal district courts to hold trial and determine the punishment for criminal cases or damages which will be awarded, the appellate courts of the federal government do not essentially hold trials as part of their innate legal function. On the other hand, these courts merely serve the legal function of reviewing the decisions of federal trial courts for the existence of any errors of law. This conversely relates the idea that these courts merely have appellate jurisdiction. Moreover, federal appellate courts do not accept anything else other than the records from the federal trial courts such as the papers that both legal parties have filed as well as the exhibits and transcripts relating to the trial. The federal appellate courts also consider the legal arguments of the involved parties in the case. With these ideas in hand, one can note the essential differences which separate one court from the other. More importantly, the scheme in which court hearings and legal cases flow signify that there is a formal system being strictly followed. That is, an individual cannot originally file a legal complaint against another individual or entity in the appellate courts for such an instance is not the definitive function of federal appellate courts. Moreover, a plaintiff can still resort to an appeal to the federal court of appeals once the verdict of the lower courts, or the federal district courts for instance, do not favor their side. All of this information leads us towards the larger understanding that there is indeed what we call a ‘court organization’ which gives a formal and rigid structure to the entire legal system especially in a federal government. The hierarchy in courts or the court organization in general limits certain legal actions while sustaining the due process of law. While the organization of courts gives certain limitations, it can be seen as a legal tool for securing the systematic approach for meticulously arriving at crucial decisions. Let us now look into the advantages and disadvantages that come along with the very nature and structure of the organization of courts, specifically between federal district courts and federal appellate courts, in a federal system of government. Advantages and disadvantages It is an established fact that appellate courts cannot simply address a legal appeal without the parties requesting for one. Moreover, appellate courts do not have the legal jurisdiction of hearing trials and providing punishments and damages to individuals and other entities. Conversely, these things suggest the ideas that there must first be an appeal and that, second, there must be previous court decisions on which the appellate courts will derive their corresponding decision. Hence, an appealing party has the advantage of going through a rigorous examination of their case which ensures that the decisions made until it reaches the Supreme Court are carefully brought into proper attention. On the other hand, the very organization of the court makes it a disadvantage for the appealing party at least in terms of resources. Specifically, financial resources must be present o as to sustain a continuous appeal for the appealing parties as the case ascends higher into the hierarchy of courts. Financial resources, for the most part, applies very well for the funding of legal battles which come in the form of payments for legal services rendered and other related expenses. In essence, appellate courts, being the courts between the trial courts and the Supreme Court, stand in the way for appellants to go directly to the Supreme Court for a final appeal. Nevertheless, these appellate courts were not essentially established to hinder individuals from going directly to the higher court but to see to it that lower court rulings are kept in accordance to the law while giving the Supreme Court a lesser task to attend to so that the Court can focus on larger issues that need large amounts of careful analysis. On the other hand, it appears that federal district courts can also legally entertain motions for reconsideration which barely amounts to an appeal to the appellate courts. Hence, plaintiffs, for instance, have the option to file a motion for reconsideration in federal district courts before filing an appeal to the appellate court once the motion for reconsideration is denied by the district court. One disadvantage to this scheme is that it takes a considerable length of time assuming that the plaintiff is willing to take all legal paths so as to attain the desired court decision. The value that must be noted here is that a seemingly justified and rightful decision comes as several expenses. These expenses, for the most part, come in the form of time and financial resources. These two elements are exhaustible which presents the idea that either an individual can spend a considerable fraction of his or her life fighting a legal case for the rightful decision or a certain court, the appellate court for instance, can hinder the individual’s attempt inasmuch as the court sees fit. On a deeper analysis, one can observe that if a certain federal district court grants the motion for reconsideration filed by a plaintiff, it translates into the acceptance that, at some point in time, the court has failed to see all the angles in the case and provide the necessary, justified, and rightful decision. For instance, a federal district court can decide to grant the motion for reconsideration filed. However doing so leaves us the assumption that the trial court accepts its failure to formally account and resolve the legal case. While the courts are essentially expected o arrive at firm decisions bounded within the confines of the law, these courts are not essentially assumed to commit to error either deliberately or unintentionally. In any case, federal district courts are at the helm or core of the case since these are the courts that primarily decide on verdicts and that the role of the higher courts, in essence, can be seen as something more of a reviewing body that realigns the decisions of the lower courts in accordance to the law. The need for court organization Is it possible to arrive at a substantial decision from among courts if they re not linked in one way or another? For instance, if the federal district courts and federal appellate courts function entirely separate without having a schematic purpose or correlation, would it lead to a substantial advantage to the people they serve? Interestingly, it can be seen that one of the primary reasons why court organization has been established is to give an ample room for reviewing and realigning previous court decisions in a lawful manner. Although federal trial courts are the primary courts where legal cases are filed and decided, it can be noted, however, that federal district courts are not the penultimate courts where no appeal can be filed. Quite on the contrary, the fact that these courts allow individuals to file a motion for reconsideration of court rulings brings us towards the perception that these courts may not be entirely devoid of committing to either partially or totally erroneous court decisions. Since federal courts, and perhaps any other courts, are still open to unintentionally committing errors in judgment, there must be at least a scheme that addresses such a situation. Otherwise, any court would hardly be able to correct its own misjudgments or the misjudgments of other lower courts. Given this observation, court organization—specifically the manners in which federal district courts are lower than appellate courts at least in terms of the scope of jurisdiction—can help resolve the underlying problems that may substantially arise over the course of time. How can court organization be able to help resolve the underlying problems in erroneous court rulings? The answer to this question rests on the premise that, by placing a certain hierarchy among courts and by limiting and specifying the jurisdiction for every court, certain decision can be reviewed and be realigned in accordance to the proper dictates of the law. By having a form of checking the decisions of the lower courts—for instance, the case between federal district courts and federal appellate courts—higher courts such as appellate courts can see or reiterate that the decision of the lower courts is fitting. On the other hand, appellate courts can also reverse the previous decision of the lower courts. What is important to note here is that the organization of courts, specifically the jurisdiction under which they operate, allows for a ‘refining’ of previous court decisions given the instances where there is an appeal from the concerned party. Although federal district courts can entertain motions for reconsideration from the concerned party, it does not necessarily translate to the idea that the party can resort to an infinite number of motions for reconsideration until the court has decided favorably to the side of the party. The very idea of court organization gives due importance of an appeal from individuals. This it does by allowing the individual to file for a motion or an appeal yet in a planned scheme. By ‘planned scheme’, what is being contended is that, from the lower courts to the Supreme Court, the right of the party to file for an appeal or a motion is met by dispersing the jurisdiction of courts to hear the appeal or motion sequentially. That is, the party must follow the sequences or procedures established by the law when appealing. For the most part and in most cases, an ordinary individual cannot go directly straight to the Supreme Court to file for an appeal without having first to pass through the lower appellate courts. Like in most organizational scheme, a hierarchy of the divisions of the organization permits a systematic approach in handling the tasks innate to the function of the organization. Since the court system of a federal government is an essential and significant portion of the government’s functioning, it is an imperative that the court system must be given due attention. One way to achieve this end is to provide a scheme in which the entire court system will be able to effectively handle its multifarious tasks from the bottom level to the larger degree. This ‘scheme’ is parallel to a court organization whereby there is a level of court divisions handling specific functions. As we have seen, federal district courts are the courts which receive the cases filed by individuals. On the other hand, federal appellate courts are the courts which receive appeals from individuals seeking a decision that legally favors them. Conclusion The system of courts that comprise the totality of the American federal courts are organized essentially by the U. S. Constitution and the laws legislated by the American federal government. Federal District Courts and Appellate Courts are two of the courts in the federal government that serve the identical functions of bringing justified and lawful decisions to legal cases. On the other hand, these two court systems also have varying functions. In essence, the differences they have rest on their respective jurisdictions. References Courts. Appellate Jurisdiction of Supreme Court. Suit against United States. (1919). The Yale Law Journal, 28(5), 513. Appellate Practice: Power to Amend Judgments. (1927). Michigan Law Review, 25(7), 789. Constitutional Law. Construction, Operation, and Enforcement of Constitutions. Constitutionality of an Appellate Court with Final Jurisdiction. (1931). Harvard Law Review 25(2), 187. Federal Courts. State Rule Holding Payment of Federal Judgment Attached in State Court a Valid Satisfaction of the Judgment Not Controlling on Federal Court. (1940). Virginia Law Review, 27(2), 231. Constitutional Law. Judicial Powers. Statute Authorizing Appellate Court to Pass on Motion for New Trial Undisposed of by Trial Court Held Unconstitutional. (1941). Harvard Law Review, 54(8), 1391. Federal Courts. Relations of Federal and State Courts. Federal Interpretation of State Legislation. (1954). Harvard Law Review, 37(8), 1140. Collins, M. G. (2005). The Federal Courts, the First Congress, and the Non-Settlement of 1789. Virginia Law Review, 91(7), 1515. Fair, D. R. (1971). State Intermediate Appellate Courts: An Introduction. The Western Political Quarterly, 24(3), 415. Grunbaum, W. F. , Wenner, L. M. (1980). Comparing Environmental Litigation in State and Federal Courts. Publius, 10(3), 129. Haas, K. C. (1982). The Comparative Study of State and Federal Judicial Behavior Revisited. The Journal of Politics, 44(3), 721. J. , G. (1929). Courts: Appellate Courts: Review of Findings. California Law Review, 18(1), 84. Newman, J. O. (1989). Restructuring Federal Jurisdiction: Proposals to Preserve the Federal Judicial System. The University of Chicago Law Review, 56(2), 761. ONeill, M. E. (1990). A Two-Pronged Standard of Appellate Review for Pretrial Bail Determinations. The Yale Law Journal, 99(4), 885. Richardson, R. J. , Vines, K. N. (1967). Review, Dissent and the Appellate Process: A Political Interpretation. The Journal of Politics, 2(3), 597. The Judiciary Act of 1789. (1999). Retrieved September 5, 2007, from http://usinfo. state. gov/usa/infousa/facts/democrac/8. htm Yuhas, G. (1976). Statewide Public Defender Organizations: An Appealing Alternative. Stanford Law Review, 29(1), 157. Outline Introduction The paper will initially provide the substantial facts and accounts to court organizations as a whole, including a brief sketch of its history and evolution as well as its current state. The introductory part will conclude with a brief overview of the trial courts and appellate courts. Body The paper will further substantiate on the essential attributes for the trial courts and appellate courts correspondingly which will then be used as a basis for the varying approaches trial and appellate courts handle and decide cases as well as the jurisdictions of every court organization. By introducing these various factors, the paper will then attempt to establish an account of the jurisdiction, including the possibility of overlap in jurisdiction as well as restrictions thereof, for every court organization. The body of the paper will conclude with a paragraph restating the differences and similarities between the two court organizations. Conclusion In conclusion, the paper shall provide a brief rerun of what has previously been discussed to be followed by an account of each court’s jurisdiction as well as the unique roles of every internal element of trial and appellate courts.

Mentoring a Third Year Student Nurse Essay -- reflect on mentoring expe

For this assignment I will address Morton- Cooper & Palmer (2005) enabling traits and discussed the core skill of a mentor. I will analyse and reflect on how I’ve utilised these skill with a third year student nurse in my practice area (cardiology) I will also reflect and evaluate my mentoring experience with my learner to see if there is any area of improvement or changes to be amended. The Department for Health (2001) defined a mentor as an individual who facilitates learning and supervises and assesses students in the practice setting. As mentors, they make time for there students, checked student performance, set boundaries for the shift, knew what students were learning, explain what they were doing, asked questions and challenged students and acted as positive role models. In summary an effective mentor is someone who has a particular view of the nature of human beings and how they should be treated, has certain personal attributes, up-to-date knowledge and skills related to their professional practice and a genuine desire to give time and energy to the role of mentor. This is important as its helps in building student’s confident and also be able to work in friendly environment. Morton- Cooper & Palmer (2005) has identified three characteristics /Enabling Traits of an effective mentor which would be analysed in the essay. This involved Competence, Confidence, and Commitment. As a mentor I have to prepare myself prior to meeting my student needs. My manager gave me details of my student including the year and duration on the ward. With this information, I prepared my shift rota to fit in with my student for the first week. I met with my student for the first time and introduced myself to her as her mentor. I ... ...n important role in developing nursing students’ learning. The interaction with patients and their families during this experience helps nursing students to develop technical, psychomotor, interpersonal and communication skills (Banning et al 2006). In conclusion, mentoring is an important and effective adult learning strategy. There is a need to recognize that once one take on the role of mentor, there will be need to be equip with relevant educational training and with up to date knowledge. Being a mentor has given me the opportunity to develop learning skills in my clinical practice that will contribute to students learning in the future. It is ideal for mentor and student to link prior to starting the placement. The reflection process has given me skills to reflect, address strengths, weakness and the opportunity to address issues within practice area.

Cross cultural differences in personality

Cross cultural differences in personality The aim of the work is to critically evaluate the evidence of cross cultural differences in personality and to come to the relevant conclusion, whether such differences exist and what impact they create on various sides of the personality life activity.IntroductionNumerous studies have been conducted to research the cross cultural differences of various aspects in personality behavior – starting from psychological side, and ending with the difference in business leadership and online and computer attitudes; however there is still a question – whether these the results of these studies are relevant and is it possible to assume that cross cultural differences exist – or based on the older economic theories, all personalities have similar behavioral patterns which are not different across cultures? Cross cultural personality studiesThe experimental researches conducted in the area of cross cultural differences in personality have found that people behave in different and various ways, in distinction from the basic economic theory that the phenomenon of personality is traditionally common across different ethnic groups. When one endeavors to discover the reasons and cores of this controversy, it appears that the great extent of impact is created by the social environment people live in. this is why cultural element in defining the reasons of cross cultural differences is essential in this study and in personality differences as such.If one takes two different regions of the globe and considers the differences between these two regions as well as the changes in the personality which occur under these two different environments, as well as the differences between the personalities traditionally found in both societies, they will not only be geographically distant, but also culturally which will ultimately define these or those behavioral patterns accepted in this or that society under research. (Brandts, Saijo & Schram, 2004) Researches show that there are significant differences in traits between different ethnic groups and between the countries.It will be interesting to take New Zealand and international sample as an example and critically evaluate the methods and evidences of the cross cultural differences found in this study; it is also essential to critically evaluate the evidence acquired in laboratory tests of cross cultural differences. In order to make the New Zealand study relevant, the three different groups of respondents were taken – New Zealand respondents were divided into Europeans, Maori and Pacific Islanders, with the addition of the absolutely different ethnic groups from South Africa and Australia.It is stated that there have been revealed significant differences in the personality traits both on the New Zealand and on the international level. The largest differences at the international level were notices in the aspects of agreeableness, neuroticism and e xtraversion. In terms of the inner New Zealand groups the principal cross cultural personality differences were discovered in those traits which are usually determining for job performance – conscientiousness and neuroticism. (Allen, 2001) Evaluation of the theoriesIn the cultural dimension several theories have been created to explain the differences between the personalities in the cross cultural aspect. Considering these theories critically, it should be assumed that they have not been created without any reason, and there have existed solid grounds to assume that depending on what culture of origin is the source of social patterns for the personality, it is possible to define the basic criteria of personality characteristics. For example, the theory created by Markus & Kitayama (1991) states that ‘the cultures endow individuals with different principles that influence behavior.‘ The author of this theory argued that one of the cultural dimensions is always mea sured through the line of individualism versus collectivism, and these traits should be included into the set of basic characteristics peculiar of the personality in the cross cultural perspective. one dimension of national culture is measured along a continuum from ‘collectivism' to ‘individualism,' defining societies in which the interest of the group prevails over the interest of the individual as ‘collectivistic', and those in which the interest of the individual prevails over the interest of the group as individualistic†. (Allen, 2001)While the traditions and the history of this or that country or ethnic group may be characterized by being either individualistic or collectivist, it is possible to reasonably assume that cross cultural personality differences exist (if one takes an example of the US being an individualistic country and promoting individual values versus collectivist ones, while the countries of Eastern Asia for example, promote opposite va lues, it becomes clear that even it were the only feature of differences between personalities, it would prove the assumption that these differences exist and would also lead to the discovery of the new ones).Critical evaluation of the methodologies There is a five factor model which is used for the evaluation of the cross cultural personality differences, and it has also been objectively created on the basis of the knowledge about the basic personal characteristics which define personal behavior and reaction. the five-factor model comprised of five global personality traits, commonly referred to as the Big Five, now enjoys wide acceptance as the most comprehensive and parsimonious model of the structure of personality.The Big Five traits are most commonly referred to as: Neuroticism, Extraversion, Openness to Experience, Agreeableness, and Conscientiousness. Evaluating the evidence of cross cultural personality differences, one may find in literary sources that just described Big F ive Model has also been based on the reasonable assumptions as for the existence of these differences. It was based on the English lexicon and Western culture, and this was the first theory to raise the concern as for the cross cultural generalisability.It was noted that if the environment is capable of impacting personality, these five model structures would not be found in all cultures. The presence of different aspects of the Big Five model would depend on the culture under research. Personality assessments are culturally generalisable to enable cross-cultural comparisons, and also to ensure their fairness in the multicultural societies. (Barrick & Mount, 1991)However many questions in relation to these study and the relevance and reliability of these results arise – for example, whether the group respondents were of the same social group (age, profession, interests, career, family status etc), and were the researches conducted in the similar surroundings and situations. O n the other hand, if we assume that in order to create such perfect ideal surrounding laboratory tests would be the most appropriate ones, there are stil doubts whether these tests are reliable and can roduce rleevant results.(Ones & Andersen, 2002) For example, if we take the case with the research of the cross cultural personality differences in New Zealand, Research into the cross-cultural generalisability of personality structure has been conducted through factor analytic studies of personality descriptors in foreign languages. It has also been studied through the translation of personality assessments and comparison of the resulting factor structure with the United States normative structure.Analyses of personality descriptors in foreign languages have typically identified five factors. However, the five personality factors rarely correspond with the original five factors based on United States samples. This lack of correspondence is likely to arise because personality trait de scriptors rarely translate directly between languages. However, the finding that lexical studies typically identify five, or close to five, personality factors is considered as evidence for the cross-cultural generalisability of personality structure.(Barrick & Mount, 1991) The translation of questionnaire items can, however, present problems as some trait adjectives do not have direct translations. Despite this limitation, research has attempted to gauge the cross-cultural replicability of personality structure through the translation of personality assessments. Sometimes the cross cultural variability was viewed thrugh the six different assessments, but the five assessment model was still found the most appropriate as letting to find the bigger number of similarities in languages.Despite the already described limitations, it has still be found that Big Five model of personality structure was replicated through the diverse cultures through both lexical and questionnaire methods. Th e existence of such model is not necessarily translated into the endorsement or rejection of various traits and behavioral patterns, and is equivalent across the cultures. This critical evaluation of the methods gives certain doubts as for the reliability of the existing evidence of cross cultural diversity across various ethnic groups.Yet these methods are widely used for the research of these differences. The disadvantages of the international research in cross cultural personality difference are numerous, and this is why they should be always looked at critically. For example, with the facet personality trait level, it is difficult to generalise the findings across previous studies, because ‘different personality assessments vary according to the number of and names given to the lower level traits'.(McAdams, 1992) As far as the United States is the leader of conducting these researches, the bigger part of them is devoted to the personality differences within the ethnic grou ps living in the US, but does it give solid grounds to assume that this cultural difference is similar in other ethnic groups all over the world? :Probably in order to receive reliable results in cross cultural studies it is essential to determine whether ethnic groups (even in the present study of New Zealand) are differentiated through commonly used personality asessments.It is also interesting to note, that in order to eliminate these language problems and to check the reliability of the tests and methods, it is appropriate to conduct a research across English-speaking countries, which will give the basis for assuming, whether these test methodologies are workable within the frames of the similar language between the ethnic groups under research. Speaking about laboratory tests, there is a number of certain limitations which can prevent the reader and the researcher from normal judging and evaluation of the results.While the results of any recent studies in cross cultural persona lity differences are held as being sensational and are represented without any account of the limitations, thus making the public consider cross cultural identity differences be crucial in the determining of the behavioral patterns, and letting other importantr factors remain unnoticed, there are the measurements which should be performed or taken into account while reading any such evidence and study, which will ultimately lead to the conclusion of the importance of the given results and their reliability.These are the partner and the stranger condition, and the number of games played through the study in the laboratory conditions. In some studies, authors found that under partner condition, the contribution rate was lower, whereas others found the opposite results. These conditions had an effect on the contribution rate based on their research, this is why it is often necessary not to differentiate these two conditions and to evaluate the evidence of any cross cultural research wi thout this differentiation.(Goldberg, Sweeney & Hughes, 1998) In some studies, participants only played the game once, and in other studies they played the game following an infinitely repeated fashion, typically with 10 rounds. Theoretically speaking, the contribution rate of the last round of the infinitely repeated games is equivalent to the one in the one-shot game, given the same strategy the participants could apply. Thus, these data from respective condition is comparable.Reading the study conducted in New Zealand, the first question arises in connection with the choice of participants; it was the correct step to define the gender, age and country of residence for each respondent; however, in this case the identification of the ethnic group is only available for the New Zealand inner groups, and is not specified for the international groups participated in the study.On the one hand, it may decrease the reliability of the acquired results; on the other hand, at the internation al level the results of the research do not need to be specified in terms of the specific ethnic group and give only general definitions as for the cross cultural personality difference; but again – without this specification is there any guarantee that the international group has been chosen correctly and carried the general characteristics of the wide ethnic group and is not narrowed by some small ethnic grouping, thus making the cultural difference too significant?The five traits model is also used in other cross cultural studies, and it is stated that ‘The Five Factor Model of personality is a universally valid taxonomy of traits. ‘ (McAdams, 1992) The analysis of the 33 countries and the studies of the cross cultural personality difference among these countries have allowed the researchers to come to the conclusion that this model is the most appropriate through the similar studies, and even with the account of the criticism given earlier in this work, it app ears that many studies use it as the basic method for research.This also gives the basis for doubts and critical evaluation of the reliability of the results provided by these studies; if the method used in most of them is the same and it presupposes certain limitations and even bias, thus the question is also whether these studies can be considered to be reliable. (Ones & Andersen, 2002 The beneficial side of the New Zealand approach is in the fact that it actually uses two different methods of evaluation which may potentially increase the reliability of the acquired results.Personality traits were measured using the 15 Factor Questionnaire Plus (15FQ+), a self-report personality assessment. This assessment is widely used within New Zealand, as well as internationally, and was designed specifically for personnel assessment and selection purposes. The 15FQ+ was completed by the respondents in either a pencil-and-paper format or in a computerised format. Qualified test administrators conducted the assessments following a standardised procedure and testing conditions.The assessment had no time limit, but respondents were provided with a guide of how long the assessment should take. In distinction from other studies, which mostly use one method, and which is mostly the Big Five Model (Triandis, 2002; Markus & Kitayama, 1991), the use of the two different methods certainly increases reliability and relevance of the research results. Another study (Allen, 2001) suggested that the use of the 15FQ+ tests was within the range of the reasonable validity and thus had good internal consistency.The reliability coefficients of this method were ranging from . 77 to . 89 which is essential for the tests of such kind. No information has been found as for the Five Model tests, and it should be suggested that the wide use of this method does not give any reliable basis to assume that this methodology is the best for the evaluation of these cross cultural personality differences .The results which were acquired through the research, tell the reader that out of the five basic traits, suspiciousness was the one which displayed the highest difference across the three international group of respondents, with South Africa showing the highest scores; however with the accounting of the previous criticism of the Big Five Model it is possible to assume that these results should be re-checked with the use of other methodologies, as well as with the specification of the exact ethnic group at the international level.(Barrick & Mount, 1991) Conclusion Based on the previous assumptions the following conclusions may be derived out of the information available: 1. The Laboratory tests of the cross cultural personality differences are deprived of real life connection and the participants of these studies are already assimilated thus the results of these studies cannot be supposed to be reliable. 2. The use of the Big Five model should be combined with the use of other metho dologies to produce relevant results.It is suggested, that further research is conducted within the framework of several different methodologies, and it is assumed that the results acquired through the similar studies but with the use of different methods will produce the results which are different from those in previous researches. It is suggested that the most important studies are carried out again but with different respondents and different surroundings with the account of the criticism in the present paper.The studies which exist at present, especially those using only one Big Five model of research, should be re-visited and re-considered in the light of the modern realia and the requirements towards such experiments. It is suggested that laboratory studies are excluded from the sphere of cross cultural personality studies. Works cited Allen, J. Review of Measurement of Ethnicity – Classification and Issues. Classifications and Standards Section, New Zealand, 2001. Bar rick, M. R. & Mount, M. K.‘The Big Five Personality Dimensions: A Meta-Analysis'. Personnel Psychology, 44 (1991): 1-26 Brandts, J. , Saijo, T. & Schram, A. ‘How Universal is Behavior? A Four Country Comparison. ‘ Public Choice 119 (2004): 381-424 Goldberg, L. R. , Sweeney, D. & Hughes, J. E. ‘Demographic Variables and Personality: The Effects of Gender, Age, Education, and Ethnic/ Racial Status on Self-Descriptions of Personality Attributes'. Personality and Individual Difference 24 (1998): 393-403 Markus. H. R. & Kitayama, S. ‘Culture and the Self: Implications for Cognition, Emotion and Motivation'.Psychological Review 98 (1991): 224-253 McAdams, D. P. ‘The Five-Factor Model in Personality: A Critical Appraisal'. Journal of Personality 60 (1992): 329-361 Ones, D. S. & Andersen, N. ‘Gender and Ethnic Group Differences in Personality Scales in Selection: Some British Data. ‘ Journal of Occupational and Organizational Psychology 75 (20 02): 255-276 Triandis, H. C. ‘The Self and Social Behavior in Differing Cultural Contexts'. Psychological Review 96 (1989): 506-520

Airline Customer Relationship Management Tool

* Airline Customer Relationship Management Tool INDEX 1. Introduction 2. System Analysis a. Existing System b. proposed System 3. Feasibility Report a. Technical Feasibility b. Operational Feasibility c. Economical Feasibility 4. System Requirement Specification Document a. Overview b. Modules Description c. Process Flow d. SDLC Methodology e. Software Requirements f. Hardware Requirements 5. System Design a. DFD b. E-R diagram c. UML d. Data Dictionary 6. Technology Description 7. Coding 8. Testing & Debugging Techniques 9. Output Screens 10. Reports 11. Future Enhancements 2. Conclusion 13. Bibliography * INTRODUCTION The Main Objective of this System is to design a system to accommodate the needs of customers. This application helps a customer to know about the flight’s information and can reserve seats throughout the globe irrespective of the location. This is a computerized system to make seats reservations, keep ticket bookings and availability details up-to-date. This w eb based system provides all flight’s information, availability of flights, availability of seats. It contains information about pilots, air hostess and airport information.It also provides time schedules for different flights and source, destination details. It provides cost of tickets and enquiry details. Features of the project Reduces the complexity present in the manual system and saves time. 1. Users can access the required data easily. 2. It maintains accurate information. 3. Provides instantaneous updated information to all users. 4. Communication is fast and clear and avoids misunderstandings. It is a computerized system to make room reservations and keep room bookings and availability of details up-to-dateSystem Analysis Purpose of the System This web based system provides all flight’s information, availability of flights, availability of seats. It contains information about pilots, air hostess and airport information. It also provides time schedules for diff erent flights and source, destination details. It provides cost of tickets and enquiry details. Existing System * This system doesn’t provide register the multiple Flights * This system doesn’t provide online help to the public Proposed SystemThe development of this new system contains the following activities, which try to develop on-line application by keeping the entire process in the view of database integration approach. * This system provide online help to the public * This system provide agents registration and book the bulk tickets * This system provide late running flights information before 3 hours * Online status of the tickets must be provided in real time Feasibility Study TECHNICAL FEASIBILITY Evaluating the technical feasibility is the trickiest part of a feasibility study.This is because, at this point in time, not too many detailed design of the system, making it difficult to access issues like performance, costs on (on account of the kind of technolog y to be deployed) etc. A number of issues have to be considered while doing a technical analysis. i) Understand the different technologies involved in the proposed system Before commencing the project, we have to be very clear about what are the technologies that are to be required for the development of the new system. i) Find out whether the organization currently possesses the required technologies * Is the required technology available with the organization? * If so is the capacity sufficient? For instance – â€Å"Will the current printer be able to handle the new reports and forms required for the new system? † OPERATIONAL FEASIBILITY Proposed projects are beneficial only if they can be turned into information systems that will meet the organizations operating requirements. Simply stated, this test of feasibility asks if the system will work when it is developed and installed.Are there major barriers to Implementation? Here are questions that will help test the op erational feasibility of a project: * Is there sufficient support for the project from management from users? If the current system is well liked and used to the extent that persons will not be able to see reasons for change, there may be resistance. * Are the current business methods acceptable to the user? If they are not, Users may welcome a change that will bring about a more operational and useful systems. * Have the user been involved in the planning and development of the project? Early involvement reduces the chances of resistance to the system and in * General and increases the likelihood of successful project. Since the proposed system was to help reduce the hardships encountered. In the existing manual system, the new system was considered to be operational feasible. ECONOMICAL FEASIBILITY Economic feasibility attempts 2 weigh the costs of developing and implementing a new system, against the benefits that would accrue from having the new system in place. This feasibility study gives the top management the economic justification for the new system.A simple economic analysis which gives the actual comparison of costs and benefits are much more meaningful in this case. In addition, this proves to be a useful point of reference to compare actual costs as the project progresses. There could be various types of intangible benefits on account of automation. These could include increased customer satisfaction, improvement in product quality better decision making timeliness of information, expediting activities, improved accuracy of operations, better documentation and record keeping, faster retrieval of information, better employee morale.System Requirement Specification Modules Description No of Modules The system after careful analysis has been identified to be presented with the following modules: The Modules involved are 1. Admin 2. Flight 3. Reservation SDLC METHDOLOGIES This document play a vital role in the development of life cycle (SDLC) as it de scribes the complete requirement of the system. It means for use by developers and will be the basic during testing phase. Any changes made to the requirements in the future will have to go through formal change approval process.SPIRAL MODEL was defined by Barry Boehm in his 1988 article, â€Å"A spiral Model of Software Development and Enhancement. This model was not the first model to discuss iterative development, but it was the first model to explain why the iteration models. As originally envisioned, the iterations were typically 6 months to 2 years long. Each phase starts with a design goal and ends with a client reviewing the progress thus far. Analysis and engineering efforts are applied at each phase of the project, with an eye toward the end goal of the project.The steps for Spiral Model can be generalized as follows: * The new system requirements are defined in as much details as possible. This usually involves interviewing a number of users representing all the external or internal users and other aspects of the existing system. * A preliminary design is created for the new system. * A first prototype of the new system is constructed from the preliminary design. This is usually a scaled-down system, and represents an approximation of the characteristics of the final product. A second prototype is evolved by a fourfold procedure: 1. Evaluating the first prototype in terms of its strengths, weakness, and risks. 2. Defining the requirements of the second prototype. 3. Planning an designing the second prototype. 4. Constructing and testing the second prototype. * At the customer option, the entire project can be aborted if the risk is deemed too great. Risk factors might involved development cost overruns, operating-cost miscalculation, or any other factor that could, in the customer’s judgment, result in a less-than-satisfactory final product. *The existing prototype is evaluated in the same manner as was the previous prototype, and if necessa ry, another prototype is developed from it according to the fourfold procedure outlined above. * The preceding steps are iterated until the customer is satisfied that the refined prototype represents the final product desired. * The final system is constructed, based on the refined prototype. * The final system is thoroughly evaluated and tested. Routine maintenance is carried on a continuing basis to prevent large scale failures and to minimize down time. The following diagram shows how a spiral model acts like:Fig 1. 0-Spiral Model ADVANTAGES * Estimates(i. e. budget, schedule etc . ) become more relistic as work progresses, because important issues discoved earlier. * It is more able to cope with the changes that are software development generally entails. * Software engineers can get their hands in and start woring on the core of a project earlier. SOFTWARE REQUIREMENT AND HARDWARE REQUIREMENT Software Requirements Operating System:Windows XP Professional or Above. Languages:C#. NET, ASP. NET Data Base:SQL Server. Web Server: IIS 5. 0 OR Above. Hardware Requirements Processor:Pentium IV Hard Disk:40GB RAM:512MB or more

Compare And Contrast Two 1900 War Poems Essays

Compare And Contrast Two 1900 War Poems Essays Compare And Contrast Two 1900 War Poems Paper Compare And Contrast Two 1900 War Poems Paper Essay Topic: Poetry People write poetry for many reasons. War poetry is written mainly to express feelings. War poems can achieve catharsis and are sometimes written in remembrance. They express deep emotional states such as love, hate, suffering and joy. War can amplify all of these feelings so it is likely that poetry would be written about it. The Charge Of The Light Brigade was written by Alfred Tennyson as a memorial for the brave heroes which died during the battle against the Russians. It is a pro-war poem: Honour the Light Brigade The Battle Of Blenheim is an anti-war poem. The view the poet wants to get across is spoken through the children, Peterkin and Wilhelmine. Why twas a very wicked thing! I think the author made a mistake in choosing the children because children are not respected enough to speak an unpopular view and be taken seriously. If he had chosen a character of higher status then the public would have paid more attention to his opinions. Tennysons poem is very straight forward, using limited vocabulary. Cannon to the right of them, Cannon to the left of them, Cannon in front of them This makes it attractive to the people of the time, most of which would have been poorly educated. It would appeal to more people than Robert Southeys poem. This is because Southeys poem in my opinion, is too well written. It is too clever for the audience to which it is directed at. Southeys poem is much more complex. It uses irony where Old Kasper refers constantly to the great victory when the view the poet is giving is that it was far from great. At first glance it seems a simple poem but after analysis the true meaning of the authors writing comes to light. Certain metaphors projected through grotesque images show the disturbing understated themes of this piece. There is juxtaposition of the incongruous imagery concerning the innocence of the pastoral setting and the grim skull and plough. He came to ask what he had found, That was so large and smooth and round. The above rhyming couplet on its own seems harmless until you realise what Peterkin has found is a skull! The skull is the personification of death. It symbolises the past while the children are visions of the future. The children; the future, are literally digging up the past. Skulls are obvious representations of death while the youthful children holding it shows juxtaposed incongruous images. Children are related to life innocence and goodness. The buried skull is showing the reality of the past has become buried and the lies are unearthed by the goodness of the future. Kasper is intended to be the stereotypical view of adults. He sounds as if he was programmed with what little information he has on the battle. He was unquestioning and when he tries to programme his grandchildren in the same way he dismisses their inquisitive minds in a way which seems patronising even to those so young. The words great victory have become his mantra and it seems this is all he knows about the battle. I find it sad Kasper found no need to form his own opinion of the battle. He is full of so much blind faith which he has learned seemingly by rote from unreliable sources. And often when I go to plough, The ploughshare turns them out! I imagine Old Kasper saying this in such a casual way that you would never dream he was talking about ploughing skulls! The image is highly ironic as ploughing is a way of rebirth and new life while in the piece of poetry they are harvesting death and bodies. The author expresses his view through the children, as mentioned before. The questions the children are made to ask are themed with confusion and perplexity as to why all the terrible happenings associated with the great victory had to occur. A hint to the authors perceptions of the war are shown in the fifth stanza. Wilhelmine asks: Now tell us all about the war, And what they fought each other for. I believe asking why the two sides fought each other is quite a sophisticated question to ask and this is what makes me assume it is the poets own questions showing through. The Charge Of The Light Brigade is written to make the best of a bad situation. It boosts morale by portraying the six hundred as gallant and heroic. Boldly they rode, and well The tragic truth of the matter had been glorified to try and disguise it and make it easier for the public to come to terms with. That is what the poetry was written for, to influence the opinion of the general public. Alfred Tennyson is said to have written this poem quickly in response to a report he read. Certain factors make it obvious to me it was written in short time. When comparing it to The Battle Of Blenheim you can see whilst they both use writing techniques they are very different. Tennysons simple, accessible vocabulary; alliteration; repetition and use of rhetorical questioning gives his poem a punchy feel and an edge over Southeys unspecific; complex; well concealed; slow moving piece of poetry. In The Battle Of Blenheim Peterkin and Wilhelmine question Kasper about the great victory. The questions all remain unanswered by the end of the poem. They are left unanswered because Old Kasper does not know the answers. It is aimed to make you ask the same questions yourself. In The Charge Of The Light Brigade the questions use rhetoric. When can their glory fade? It is intended to include the reader. It makes the positive stand out. You are not supposed to think about the answer to the question. Yours should be the same as the authors. Tennysons poem is full of kinetic energy. As it is set in a battlefield it is very active. In comparison, Southeys poem is absolutely static. The tale does not leave the cottage door and field. The Charge Of The Light Brigade is more action packed. To close I would like to summarise that Tennysons poem was written to boost the morale of the country. For that reason it is an unreliable narrative. It was not written from the heart as he was telling people what they wanted to hear. Southeys poem is more true to his own feelings. I respect this poem more as it was not a popular view of war at the time but he stood up for what he believed in which was peace. Southeys undervalued, slight way of projecting his viewpoint may not have earned him as much money as Tennysons exaggerated style but it was genuine which has earned him the respect he deserves from some if not many.

Business Law in Action Essay Example | Topics and Well Written Essays - 250 words

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Lean Six Sigma process Essay Example | Topics and Well Written Essays - 250 words

Lean Six Sigma process - Essay Example Lean Six Sigma requires cultural change because at the core of its philosophy is the identification of customer value that any activities that is not consistent to customer value, or anything that the customer is not willing to pay for is removed. Thus, with the implementation of Lean Six Sigma, the organization is driven drive improve values that the customer is willing to pay for. Then a value stream is created to serve customer value. The process of Lean Six Sigma typically involves defining and prioritizing process, measuring performance, analysis of root cause, implement improvements and control the process. Training of Lean Six Sigma Blackbelts will also be beneficial to an organization. The successful implementation of Six Sigma’s Tools has substantial impact on an organization’s bottom line and it was estimated that the typical contribution of an experienced Lean Six Sigma Blackbelt to an organization is $1 annually (Klaasse,